Rent Demand Made to Wrong Person

December 1, 2001

LVT Number: 15450

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The court ruled for tenant. Landlord appealed and lost. Prior tenant had assigned the lease to tenant and moved out. But landlord sent the rent demand only to prior tenant. So the court had no authority to let the case go forward against tenant, since no rent demand was made to him.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was defective. The court ruled for tenant. Landlord appealed and lost. Prior tenant had assigned the lease to tenant and moved out. But landlord sent the rent demand only to prior tenant. So the court had no authority to let the case go forward against tenant, since no rent demand was made to him.

15 W. 24th St. Corp. v. Stallman: NYLJ, 11/7/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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